FAQ: May a D.C. hire a P.T. as an employee?

NO. As a general rule, a chiropractic physician may not “hire” or contract as an independent contractor, with any professional licensee whose scope of practice exceeds the chiropractic scope of practice. With most professional licensees with greater scope, the solution is to form a multi-disciplinary entity, or convert your existing entity into a multi-disciplinary entity (MDE) by making the intended employee/licensee a shareholder/member in the entity. Once formed, then the multi-disciplinary entity hires the professional licensee with a greater scope.

However, physical therapists and occupational therapists can belong to their own professional service corporation, but not in combination with the (5)(a) group of other professional licensees. RCW 18.100.050(5)(b). The solution is to form a MDE with a licensed professional whose scope encompasses the physical therapy scope (MD, DO, ND), and then have the MDE hire the PT with the correct licensee assuming responsibility for supervision. Assuming you intend to use an existing entity for the MDE, then the MDE documentation requirements are a (1) stock or unit subscription agreement with accompanying securities regulation disclaimer, a (2) buy-sell, and an (3) employment agreement between the MDE and PT. To employ the PT will require an appropriate (4) PT employment agreement.

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